DOJ proposes remedy to address Apple’s alleged ebook price fixing
TweetFollow Us on Twitter

DOJ proposes remedy to address Apple’s alleged ebook price fixing

The Department of Justice and 33 state attorneys general have submitted to the court a proposed remedy to address Apple's illegal conduct, following the July 10, 2013, U.S. District Court for the Southern District of New York decision finding that Apple conspired to fix the prices of e-books in the United States. The proposed relief "is intended to halt Apple’s anticompetitive conduct, restore lost competition and prevent a recurrence of the illegal activities."
 
"The court found that Apple’s illegal conduct deprived consumers of the benefits of e-book price competition and forced them to pay substantially higher prices," says Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "Under the department’s proposed order, Apple’s illegal conduct will cease and Apple and its senior executives will be prevented from conspiring to thwart competition in the future."
 
The department’s proposal, if approved by the court, will require Apple to terminate its existing agreements with the five major publishers with which it allegedly conspired -- Hachette Book Group (USA), HarperCollins Publishers L.L.C., Holtzbrinck Publishers LLC, which does business as Macmillan, Penguin Group (USA) Inc. and Simon & Schuster Inc. -- and to refrain for five years from entering new e-book distribution contracts which would restrain Apple from competing on price. 

Under the department’s proposed remedy, Apple will be prohibited from again serving as a conduit of information among the conspiring publishers or from retaliating against publishers for refusing to sell e-books on agency terms. Apple will also be prohibited from entering into agreements with suppliers of e-books, music, movies, television shows or other content that are likely to increase the prices at which Apple’s competitor retailers may sell that content. 

To "reset competition to the conditions" that existed before the conspiracy, Apple must also for two years allow other e-book retailers like Amazon and Barnes & Noble to provide links from their e-book apps to their e-bookstores, allowing consumers who purchase and read e-books on their iPads and iPhones to compare Apple’s prices with those of its competitors.
 
Additionally, the Department of Justice is asking the court to appoint an external monitor to ensure that Apple’s internal antitrust compliance policies are sufficient to catch anticompetitive activities before they result in harm to consumers. The monitor, whose salary and expenses will be paid by Apple, will work with an internal antitrust compliance officer who will be hired by and report exclusively to the outside directors comprising Apple’s audit committee. The antitrust compliance officer will be responsible for training Apple’s senior executives and other employees about the antitrust laws and ensuring that Apple abides by the relief ordered by the court.
 
On April 11, 2012, the department filed a civil antitrust lawsuit in the U.S. District Court for the Southern District of New York against Apple, Hachette, HarperCollins, Macmillan, Penguin and Simon & Schuster, for conspiring to end e-book retailers' freedom to compete on price by taking control of pricing from e-book retailers and substantially increasing the prices that consumers paid for e-books.
 
At the same time that it filed the lawsuit, the department reached settlements with three of the publishers -- Hachette, HarperCollins and Simon & Schuster. Those settlements were approved by the court in September 2012.  The department settled with Penguin on Dec. 18, 2012, and with Macmillan on Feb. 8, 2013. The Penguin settlement was approved by the court in May 2013. Final approval of the Macmillan settlement is pending before the court. 

Under the settlements, each publisher was required to terminate agreements that prevented e-book retailers from lowering the prices at which they sell e-books to consumers and to allow for retail price competition in renegotiated e-book distribution agreements.
 
The department’s trial against Apple, which was overseen by Judge Denise Cote, began on June 3, 2013. The trial lasted for three weeks, with closing arguments taking place on June 20. The court issued its opinion that Apple violated Section 1 of the Sherman Act on July 10,.  The court will hold a hearing on remedies on Aug. 9, 2013.

 
AAPL
$102.64
Apple Inc.
+1.58
MSFT
$46.56
Microsoft Corpora
-0.50
GOOG
$581.13
Google Inc.
-6.24

MacTech Search:
Community Search:

Software Updates via MacUpdate

GarageSale 6.8 - Create outstanding eBay...
GarageSale is a slick, full-featured client application for the eBay online auction system. Create and manage your auctions with ease. With GarageSale, you can create, edit, track, and manage... Read more
ScreenFlow 4.5.3 - Create screen recordi...
Save 5% with the MacUpdate coupon code: 68031AE15F -- Buy now! ScreenFlow is powerful, easy-to-use screencasting software for the Mac. With ScreenFlow you can record the contents of your entire... Read more
NeoOffice 2014.3 - Mac-tailored, OpenOff...
NeoOffice is a complete office suite for OS X. With NeoOffice, users can view, edit, and save OpenOffice documents, PDF files, and most Microsoft Word, Excel, and PowerPoint documents. NeoOffice 3.x... Read more
Typinator 6.2 - Speedy and reliable text...
Typinator turbo-charges your typing productivity. Type a little. Typinator does the rest. We've all faced projects that require repetitive typing tasks. With Typinator, you can store commonly used... Read more
PopChar X 6.7 - Floating window shows av...
PopChar X helps you get the most out of your font collection. With its crystal-clear interface, PopChar X provides a frustration-free way to access any font's special characters. Expanded... Read more
Evernote 5.6.0 - Create searchable notes...
Evernote allows you to easily capture information in any environment using whatever device or platform you find most convenient, and makes this information accessible and searchable at anytime, from... Read more
Monosnap 2.2.2 - Versatile screenshot ut...
Monosnap allows you to save screenshots easily, conveniently, and quickly, sharing them with friends and colleagues at once. It's the ideal choice for anyone who is looking for a smart and fast... Read more
Tunnelblick 3.4beta36 - GUI for OpenVPN...
Tunnelblick is a free, open source graphic user interface for OpenVPN on OS X. It provides easy control of OpenVPN client and/or server connections. It comes as a ready-to-use application with all... Read more
SoftRAID 5.0.4 - High-quality RAID manag...
SoftRAID allows you to create and manage disk arrays to increase performance and reliability. SoftRAID's intuitive interface and powerful feature set makes this utility a must have for any Mac OS X... Read more
Audio Hijack Pro 2.11.3 - Record and enh...
Audio Hijack Pro drastically changes the way you use audio on your computer, giving you the freedom to listen to audio when you want and how you want. Record and enhance any audio with Audio Hijack... Read more

Latest Forum Discussions

See All

Why I Don’t Want to Upgrade to the iPhon...
I’ve been living with my iPhone 4S for the past two years or so, and if I was living in a world where I wasn’t bombarded with new phone announcements and people of the general public caring enough to upgrade constantly, I wouldn’t think my phone... | Read more »
Tictail Review
Tictail Review By Jennifer Allen on September 23rd, 2014 Our Rating: :: CLASSY SHOPPINGiPhone App - Designed for the iPhone, compatible with the iPad Tictail is an attractive and stylish way of looking for some great new clothes... | Read more »
Super Glyph Quest is Bringing More Match...
Super Glyph Quest is Bringing More Match-3 Magics to the App Store Soon Posted by Jessica Fisher on September 23rd, 2014 [ permalink ] Fans of Glyph Quest, by Alex Trowers and Leanne Bayley, | Read more »
Sword King Review
Sword King Review By Jennifer Allen on September 23rd, 2014 Our Rating: :: WEAK, SO WEAKUniversal App - Designed for iPhone and iPad Ever wanted to tap on a screen and assume you’ve killed a monster or two? Probably not, but just... | Read more »
Pangea Software Unveil Bundles and iOS 8...
Pangea Software Unveil Bundles and iOS 8 Updates Posted by Ellis Spice on September 23rd, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Race Team Manager Review
Race Team Manager Review By Jennifer Allen on September 23rd, 2014 Our Rating: :: LIGHT RACINGUniversal App - Designed for iPhone and iPad Want to be in charge of a racing team but not be overwhelmed by tactics and options? Race... | Read more »
Kobojo Works with Creative Minds from Fi...
Kobojo has announced details for their newest game, Zodiac – a 2D persistent online RPG. Kobojo has put together a crack team of developers including composer Hitoshi Sakimoto and scenario writer Kazushige Nojima, whose work includes many of the... | Read more »
PlayHaus Review
PlayHaus Review By Amy Solomon on September 23rd, 2014 Our Rating: iPad Only App - Designed for the iPad PlayHaus is a interesting, stylish app for young children, full of cause-and-effect interactions.   | Read more »
Astropolo Review
Astropolo Review By Amy Solomon on September 23rd, 2014 Our Rating: Universal App - Designed for iPhone and iPad Astropolo is a space-themed children’s app with a great sense of style.   | Read more »
New E*TRADE Update Includes Touch ID and...
New E*TRADE Update Includes Touch ID and Home Screen Widget for iOS 8 Posted by Jessica Fisher on September 23rd, 2014 [ permalink ] | Read more »

Price Scanner via MacPrices.net

Razer DeathAdder Chroma Gaming Mouse Upgraded...
Razer has announced the launch of their new Razer DeathAdder Chroma gaming mouse. Even if you’re not a gamer, the DeathAdder bears considering. I’m a fan of the hard-wired tracking accuracy,... Read more
Check Apple prices on your device with iTracx
MacPrices is proud to offer readers a free iOS app (iPhones, iPads, & iPod touch) and Android app (Google Play and Amazon App Store) called iTracx, which allows you to glance at today’s lowest... Read more
Refurbished 2013 MacBook Pros available for u...
The Apple Store has Apple Certified Refurbished 13″ and 15″ MacBook Pros available starting at $929. Apple’s one-year warranty is standard, and shipping is free: - 13″ 2.5GHz MacBook Pros (4GB RAM/... Read more
New iPhones Score Big in SquareTrade Breakabi...
SquareTrade has announced the iPhone 6 and its larger sibling, iPhone 6 Plus, performed impressively in Breakability testing, and each carries the top Breakability Score in their respective category... Read more
10 Million + First Weekend Sales Set New iPho...
Apple has announced it sold over 10 million new iPhone 6 and iPhone 6 Plus models, a new record, just three days after the launch on September 19. iPhone 6 and iPhone 6 Plus are now available in the... Read more
Betty Crocker Launches New Cookbook for iOS
Betty Crocker, a General Mills brand, an established food industry leader, has announced its free digital cookbook app has been refreshed to make cooking with iPhone, iPad and iPod touch even easier... Read more
Apple restocks some refurbished 2014 MacBook...
The Apple Store has restocked some Apple Certified Refurbished 2014 MacBook Airs, with prices starting at $769. An Apple one-year warranty is included with each MacBook, and shipping is free. These... Read more
13-inch 128GB MacBook Air on sale for $949, s...
B&H Photo has the new 2014 13″ 1.4GHz/128GB MacBook Air on sale for $949.99 including free shipping plus NY tax only. Their price is $50 off MSRP. B&H will also include free copies of... Read more
Apple offering free $25 iTunes Gift Card with...
The Apple Store is offering a free $25 iTunes Gift Card with the purchase of a $99 Apple TV for a limited time. Shipping is free. Read more
Apple refurbished iPod touch available for up...
The Apple Store has Apple Certified Refurbished 5th generation iPod touches available starting at $149. Apple’s one-year warranty is included with each model, and shipping is free. Most colors are... Read more

Jobs Board

Senior Event Manager, *Apple* Retail Market...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global event strategy. Delivering an overarching brand story; in-store, Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
Project Manager / Business Analyst, WW *Appl...
…a senior project manager / business analyst to work within our Worldwide Apple Fulfillment Operations and the Business Process Re-engineering team. This role will work Read more
*Apple* Retail - Multiple Positions (US) - A...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
Position Opening at *Apple* - Apple (United...
…customers purchase our products, you're the one who helps them get more out of their new Apple technology. Your day in the Apple Store is filled with a range of Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.